Justia U.S. 5th Circuit Court of Appeals Opinion Summaries

Plaintiff filed suit against defendants, Wayne Hagan and James Joubert, alleging that Joubert was negligently excavating on a backhoe and severed plaintiff's underground fiber-optic cable in violation of the Louisiana Damage Prevention Act, LA. REV. STAT. ANN 40:1749,11 et seq., and that Hagan was vicariously liable because Joubert was acting as his agent at the time. At issue was whether the district court erred when it refused to give the jury plaintiff's proposed instruction on trespass. Also at issue was whether the district court erred when it excluded statements made by Hagan's attorney to plaintiff's employee under Federal Rule of Evidence 408; when it refused to certify plaintiff's witness as an expert; and when it held that defendants were entitled to attorneys' fees and costs. The court certified the first issue where the Louisiana Supreme Court had not previously determined what standard of intent was used for trespass to underground utility cables and the issue was determinative of whether plaintiff was entitled to a new trial on its trespass claim. The court held that the statements made by Hagan's attorney to plaintiff's employer could have been excluded on other grounds given that it was inadmissible hearsay against Joubert and therefore, the court declined to remand for a new trial on this ground. The court also held that the district court did not commit a reversible error where plaintiff did not proffer the substance of plaintiff's witness' excluded testimony. Finally, the court deferred addressing the attorneys' fees issue pending the Louisiana Supreme Court's decision on the first issue.

Plaintiffs, purchasers of condominium units at a planned development on the Mississippi Gulf Coast, demanded rescission of their sales contracts on the basis of violations of the Interstate Land Sales Full Disclosure Act ("ILSA"). At issue was whether plaintiffs' condominium units were exempt from the disclosure requirements of ILSA and therefore, defendant would not be liable for failing to provide the required property report. The court held that plaintiffs' condominium units were not entitled to an ILSA exemption and therefore, defendant violated ILSA when it did not provide the required disclosures.

Plaintiffs, purchasers of condominium units at a planned development on the Mississippi Gulf Coast, demanded rescission of their sales contracts on the basis of violations of the Interstate Land Sales Full Disclosure Act ("ILSA"). At issue was whether plaintiffs' condominium units were exempt from the disclosure requirements of ILSA and therefore, defendant would not be liable for failing to provide the required property report. The court held that plaintiffs' condominium units were not entitled to an ILSA exemption and therefore, defendant violated ILSA when it did not provide the required disclosures.

Plaintiffs, purchasers of condominium units at a planned development on the Mississippi Gulf Coast, demanded rescission of their sales contracts on the basis of violations of the Interstate Land Sales Full Disclosure Act ("ILSA"). At issue was whether plaintiffs' condominium units were exempt from the disclosure requirements of ILSA and therefore, defendant would not be liable for failing to provide the required property report. The court held that plaintiffs' condominium units were not entitled to an ILSA exemption and therefore, defendant violated ILSA when it did not provide the required disclosures.

Plaintiffs, purchasers of condominium units at a planned development on the Mississippi Gulf Coast, demanded rescission of their sales contracts on the basis of violations of the Interstate Land Sales Full Disclosure Act ("ILSA"). At issue was whether plaintiffs' condominium units were exempt from the disclosure requirements of ILSA and therefore, defendant would not be liable for failing to provide the required property report. The court held that plaintiffs' condominium units were not entitled to an ILSA exemption and therefore, defendant violated ILSA when it did not provide the required disclosures.